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Preliminary Injunctions Trademarks Trademark Litigation

Pillsbury - Internet & Social Media Law Blog

After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company....more

McDermott Will & Emery

Grubhub Relishes Victory Against Trademark Preliminary Injunction

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Upholding the denial of a preliminary injunction motion in a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit concluded that the district court did not err in finding that the trademark owner...more

McDermott Will & Emery

Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction

The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022: Don't Delay, Act Today: Showing of Irreparable Harm Damaged by Delay in Filing Complaint

In a recent court order out of the Eastern District of Washington, a judge denied the Plaintiff’s request for a preliminary injunction against Defendant’s use of the mark LEAVENWORTH OKTOBERFEST, based in part on Plaintiff’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

McDermott Will & Emery

Don’t Dew It: Second Circuit Cans Likelihood of Confusion Argument

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The US Court of Appeals for the Second Circuit reversed and vacated a district court’s preliminary injunction grant because the district court erred in assessing the strength of a trademark. RiseandShine Corporation v....more

McDermott Will & Emery

Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive...more

McDermott Will & Emery

Alleged Trademark Infringer Remains Hog-Tied after Appeal

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of...more

McDermott Will & Emery

#Blessed? Preliminary Injunction Related to Social Media Accounts Vacated

Addressing a dispute between a bridal designer and her former employer regarding the use of the designer’s name and control of various social media accounts, the US Court of Appeals for the Second Circuit affirmed the...more

Dorsey & Whitney LLP

Federal Court Blocks Effort to “Revive” J.W. Dant Bourbon Brand Already Alive

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Just in time for the holidays, the U.S. District Court for the Western District of Kentucky issued a decision steeped in two rich holiday traditions - family lore and alcohol. On December 16, 2021, the court entered a...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

McDermott Will & Emery

Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight

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The maker of BRIZZY-brand hard seltzer claimed that consumers would confuse a product branded VIZZY hard seltzer with its own. The United States Court of Appeals for the Fifth Circuit disagreed, however, and affirmed the...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

ArentFox Schiff

Don’t Do it: Judge Ends Nike Ad Campaign Over Trademark Dispute

ArentFox Schiff on

This case highlights the importance of clearing new advertising slogans before embarking on a major marketing campaign. Because advertising slogans tend to be used for shorter periods, they are not always subject to the same...more

Dorsey & Whitney LLP

Jurisdiction based on a single bit of bitcoin: A single (probably) U.S.-based sale was enough to achieve relief with worldwide...

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The dispute over the bitcoin named Alibabacoin is apparently over. Last year, Chinese tech giant Alibaba sued Belarus - and Dubai-based ABBC Block Chain IT Solutions LLC in New York federal court for trademark infringement...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in U.S. Courts: Winter 2019

Personal Jurisdiction to Support Preliminary Injunction Against Dubai- and Belarus-Based Defendants in Trademark Infringement Suit Based on Three Purchases of Cryptocurrency in New York - Alibaba Group Holding Limited v....more

Burr & Forman

Southern District of New York Enjoins AlibabaCoin from Using Alibaba Trademark

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On October 22, 2018, the United States District Court for the Southern District of New York granted Chinese e-commerce company Alibaba’s application for a preliminary injunction against cryptocurrency startup Alibabacoin...more

Fenwick & West LLP

Non-Marking Sole? Lessons from adidas v. Skechers

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California trademark attorneys have been waiting five years to get clarification on the requirements for injunctive relief and hoped that a new case between adidas and Skechers would provide that guidance. The U.S. Court of...more

Dorsey & Whitney LLP

Earning Your Stripes (or Injunction): The Ninth Circuit Reiterates the Burden of Proving Irreparable Harm in Trademark Cases

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We previously posted about an Oregon federal district court’s summary judgment rulings, favorable to Adidas, in the storied battle between heavyweights Adidas and Skechers. (Adidas America, Inc. v. Skechers USA, Inc. (D. Or....more

Jones Day

Three Stripes? No—Ninth Circuit Rules on Evidence to Establish Irreparable Harm

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In a much-anticipated ruling, the United States Court of Appeals for the Ninth Circuit modified a preliminary injunction entered against Skechers on May 10, 2018, in adidas America, Inc. v. Skechers USA, Inc. The ruling...more

Fox Rothschild LLP

Expanded Injunction Ruling In Coachella/Filmchella Case

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Following up on my blog post last month related to the Coachella/Filmchella trademark infringement case pending in the Central District of California, the court held this week that the organizer of the Filmchella music...more

Fox Rothschild LLP

Coachella vs. Filmchella

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The Coachella/Filmchella trademark infringement case continues to heat up. Last month, my colleague Megan Center wrote a blog post about the preliminary injunction granted by the Central District of California to the...more

Fox Rothschild LLP

Court Has Zero Chill For Use Of “Chell”

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The attendance of a multi-day concert/festival in the desert seems to be a right of passage for millennials with events popping up all over the country. However, are you permitted to utilize the goodwill associated with those...more

Proskauer Rose LLP

Second Circuit Affirms Preliminary Injunction of "Identical" Gray Goods

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Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by...more

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